SafetyNet 315

SafetyNet 315, April 2, 2015Welcome to Edition 315 of the SafetyNet journal.
For those having a few days off this week, we wish you a safe and
relaxing break – although many Australian workers, particularly in
hospitality and retail, will be working while the rest of us are off.
Spare a thought for them – and the attack on their wages and conditions
currently being waged by some employers and the Federal government. Please sign the Save Our Penalty Rates petition.

Remember, if you have any comments or suggestions for items, please send them in to Renata
and thank you to those who have sent emails. We're still waiting to hit
a critical number of "followers' so please follow us @OHSreps

April: remembering workers killed April
is a month that unionists all around the world will stop to remember
workers killed at or because of their work. In Victoria, there are two
events coming up:

1: April 24 – Rana Plaza Anniversary Vigil to remember the workers who lost their lives. It
will be two years since the Rana Plaza building collapsed in
Bangladesh. 1127 garment workers perished in the collapse. Excluding
natural disasters, this was the single largest cause of death in
post-Independence Bangladesh. Hundreds of workers were injured, and
hundreds are still missing. In the lead up to the second anniversary,
the three organisations negotiating compensation for its victims have
launched a "countdown campaign" to remind consumers, governments and the
brands that almost two years on from the garment industry's deadliest
disaster justice has still not been done for the thousands of worker
killed and injured. UNI Global Union, IndustriALL Global Union and the
Clean Clothes Campaign are ramping up demands on global brands linked to
the disaster to fill an USD8.5million gap in the funding needed to
deliver full and fair compensation to each of the over 5,000 individuals
with eligible claims.

Come to the vigil at the 8 hour monument
opposite the Trades Hall at 4.30pm to remember the workers who were
killed in the name of greed. Mourn the Dead, Fight for the Living. Facebook Event page and UNI Global Union News

2: April 28 – International Workers' Memorial DayVictorian
unions will again hold an International Workers' Memorial Day event on
Tuesday April 28. We will take some time to remember those Victorian
workers killed at work, vow to keep fighting for the living by making
sure we achieve the best possible health and safety in our workplaces.
Speakers will include the Honourable Robin Scott, Minister responsible
for WorkCover, and Luke Hilakari, VTHC Secretary. More information to
come. Where: Trades Hall, Lygon St, Carlton SouthWhen: 10.30am, Tuesday April 28

Flu season coming up – approach your employer nowSummer
is officially over, and we are rapidly approaching the flu season
(we've already had a 'cold snap' in Melbourne!). HSRs of workers who
regularly come in contact with members of the public, or who work in the
health, community and education sectors, should be considering
approaching their employer. The government-funded flu vaccine will be
available from 20 April, a month later than most years, as the vaccine
has been reformulated to cover a new strain of flu. But some GPs may
offer the vaccine privately before then.

This year there is a new
flu vaccine, known as "quadrivalent" which contains four flu viruses
compared with three in the normal trivalent vaccine. The additional flu
strain provides extra insurance that may be useful if unexpected viruses
begin to circulate. The standard trivalent vaccine will probably cover
the great majority of the flu A and B strains expected to circulate in
Australia this winter. The quadrivalent vaccine won't be available via
the government's free flu vaccine program and will be more expensive
than the standard trivalent vaccine if purchasing it privately.

The
recent flu season in the United States and most of Europe was dominated
by the A(H3N2) strain of flu – and most of the serious influenza was
caused by this strain which had changed over the five to six months when
the vaccine producers were manufacturing the vaccine. The new
Australian vaccine has been updated to protect against the new A(H3N2)
viruses. Consequently, those who got a flu shot last year need to get
one again this year. Read more: Presenteeism – what is it?Source: The 2015 flu vaccine – what's new, who should get it and whySBS

CFMEU impairment and testing policyThe
CFMEU construction division last week announced its proposal for an
impairment policy in the industry. The policy – which for the first time
includes a proposal for drug and alcohol testing - focuses on safety in
the workplace. CFMEU National Construction Secretary Dave Noonan said
the union was consulting with the membership about the policy and
stressed that testing was just one component of their proposal. "This is
a policy that revolves around the causes of impairment in our industry
that include fatigue, physical and mental health, job insecurity, injury
and illness and drug and alcohol use," he said.

"It's important
to remember that the percentage of people using drugs in our industry is
no more or less than the general community and this is borne in study
after study. The union has worked on the ground in this space for over
twenty five years raising awareness, offering counselling and assisting
people overcome addictions."

The union is recommending mandatory
blanket testing including testing employers and is calling on the Master
Builders Association (MBA) to support the union's proposal. Mr Noonan
said the union was changing its policy due to members' concerns of the
safety risks involved in working with someone who is impaired as a
result of addiction or substance abuse, Mr Noonan stressed, however,
that the policy focusses on safety and impairment – including due to
other factors as well. Read more: CFMEU proposal for new impairment policy includes drug and alcohol testing CFMEU News; and Kevin Jones' SafetyAtWork blog for an interesting discussion.

Morning sickness: disability under EEO A
recent decision at the Victorian Civil and Administrative Tribunal
(VCAT) has put employers on notice that in some cases morning sickness
as a result of pregnancy is a disability under the Equal Opportunity
Act, and if they discriminate against a pregnant woman suffering the
effects of the condition, they would be in breach of the Act. A
pregnant Melbourne phone shop worker, with Hyperemesis Gravidarum – a
severe form of morning sickness – ran a civil lawsuit against her
employers, alleging they discriminated against her in 2013 for being
pregnant and failing to make "reasonable adjustments" to accommodate her
disability. She said the actions relating to sick leave, lifting
boxes, sitting during work hours and toilet breaks amounted to
discrimination.

VCAT accepted evidence that her morning sickness
involved migraine, back pain, ankle pain and foot pain, which restricted
her body from functioning properly. In weighing the discrimination
claim, Senior Member Ian Proctor said in "ordinary life" a pregnant
woman suffering morning sickness would not constitute a disability, but
the symptoms of Hyperemesis Gravidarum constituted a disability under
the law. VCAT found the store managers breached the state's Equal
Opportunity Act after texting the employee after a string of absences,
saying "I'm f--king sick of this", and "You better f--king come in".Read more: Severe morning sickness considered a workplace disability The Age; and Discrimination and Harassment on this site.

Fiskville: to close permanently On
March 26 Victoria's Emergency Services Minister Jane Garrett has
announced that the firefighting training base at Fiskville will be shut
down permanently after tests revealed the presence of water supply
contamination. Ms Garrett said, "Today ends a dark chapter in our
fire-fighting services. While we are relieved that the drinking water is
safe, the ongoing discovery of contamination at Fiskville means it can
no longer operate as a training ground." The Minister had ordered a
temporary shutdown early last month (see SafetyNet312). The site was
initially closed when the chemical PFOS, which can cause cancer, heart
disease and infertility, was detected in the water supply. The CFA board
unanimously recommended the closure of the site following the results
of around 550 tests at the site, which showed that while the drinking
water and showers were clear of contamination, high levels of the toxic
chemical were found around the fire training area and in another area
where it had not been previously detected. Read more: Fiskville Shut Forever Victorian Government Media Release; and Fiskville closure CFA Media Release

Ask Renata Hi Renata,

We
are looking to find an assessor to review our office workstations and
equipment for OH&S purposes to ensure our staff's welfare. Can you
help?

We have a list of 'consultants' on our site and several of these can undertake ergonomic assessments and provide advice.

However,
as a first step, I recommend that you do preliminary assessments
yourselves, taking a look at a number of pages on the site, which have
information on work stations, and links to useful publications. Make
sure this is done in consultation with the health and safety rep/s and
the workers themselves.

Asbestos News New Zealand: Asbestos needs a ban and a plan Workers
this week presented a petition signed by over a thousand New Zealanders
calling on the Government to ban the importation of asbestos and
develop a comprehensive plan for the removal of all existing asbestos in
New Zealand. "Asbestos is the biggest workplace killer in New Zealand.
It kills at least 170 workers annually: more than twice as many workers
as accidental deaths at work. The number of people dying from asbestos
related diseases (lung cancer, mesothelioma, and asbestosis) is
increasing and the Government projections are that it will peak at 300:
higher than the road toll," said Council of Trade Unions (CTU)
Secretary, Sam Huggard. "New Zealand is out of step with other developed
countries. We are still importing asbestos containing products.
Australia prohibited the import of all asbestos containing products in
2003. Similar bans in the United Kingdom date to the late 1990s."

Mr
Huggard said that while proposed regulations would significantly assist
in the management of asbestos, and should be given the highest
priority, much more action is needed. The CTU has a twelve-point plan to
deal with asbestos.Read more: CTU Media Release

April 1 – beginning of Global Asbestos Awareness Week While
Australia's Asbestos Awareness Week is in November, it seems that there
is an international move to have the first week in April declared
Global Asbestos Awareness Week. A bipartisan resolution passed by the
United States Senate has designated this week as National Asbestos
Awareness Week. The resolution, authored by Sen. Ed Markey (D-Mass.) and
passed by Unanimous Consent, puts the Senate on record as recognizing
the threats asbestos still poses to the American people, even though
significant steps have been taken to reduce use of and exposure to the
deadly substance. "We owe it to those who suffer from the devastating
impacts of this silent killer to ensure they know they are not alone in
this fight to raise awareness about the risks of asbestos," said Senator
Markey. "This resolution will help educate people about
asbestos-related illness and disease and support efforts for its
prevention, detection and treatment." Read more: April 1 Kicks Off National Asbestos Awareness Week EWG Blog

Canada: Asbestos imports increasing According
to Statistics Canada figures, imports of asbestos-related items rose to
CAD$6million (AUD$6.19m) last year from CAD$4.9million (AUD$5.05m) in
2013. The bulk of these goods consisted of asbestos brake linings and
pads, which hit CAD$3.6million (AUD$3.7m) in imports in 2014, a
seven-year high. Other imports included raw asbestos, friction materials
and some items containing crocidolite, the most dangerous form of
asbestos.

Asbestos is by far the top on-the-job killer in Canada,
accounting for almost 5,000 death claims since 1996. Many victims die of
mesothelioma, asbestosis and lung cancer, though it may take 20 to 50
years after exposures to materialize. And yet Canada continues to allow
imports and exports of asbestos, unlike other dozens of countries such
as Australia, Japan, Sweden and Britain, which have imposed a ban.
Canada has had a very chequered history with asbestos – until recently
mining and exporting thousands of tonnes to developing countries. Read more: The Globe and Mail

Want to know about Asbestos laws and more – go to the Asbestos section on the site.

Widow to sue building company after husband's death According
to reports in the media, a young widow is suing building company Bilic
Homes for compensation after a four-metre wall collapsed and killed her
husband on a Melbourne worksite in July last year. Because her husband
was a subcontractor who worked for himself, and not an employee, when he
died last year he was not eligible for WorkSafe insurance – unless he
took out his own coverage. She has filed a civil lawsuit in the
Victorian Supreme Court.

WorkSafe Victoria has also launched a
criminal prosecution of Bilic Homes after an investigation into the wall
collapse uncovered serious alleged safety breaches. Bilic Homes has
been charged with multiple workplace violations and could face heavy
penalties. This terrible tragedy raises issues of workplace safety,
contracting arrangements, workers compensation coverage, and finally the
value of strong unions at the workplace. Read more: The Age

ACTU: Unions urge PC inquiry to give more rights at work to casuals and women The
ACTU has called for workplace rights to be strengthened for women and
millions of Australians in casual and insecure work in its submission to
the Productivity Commission inquiry into workplace relations. While the
focus of the PC report may appear to be 'industrial', issues of
protection of conditions, particularly for vulnerable workers, are
health and safety issues as well. The ACTU says Australia's workplace
system is based on fairness, equality, protection of the vulnerable and
rewards for hard work.Read more: ACTU Media Release

International Union NewsInterested in workers' rights? International online courseA
new course is being offered online to trade unionists around the world
in June. The Global Labour University is launching a free Massive Open
Online Course on "Workers' Rights in a Global Economy". Starting on 1
June 2015, the six weeks online course will discuss what Global Workers'
Rights are and which instruments and strategies can be used to
implement them. Based on a mix of video lectures, readings, online
resources and interviews with activists and labour scholars from around
the world, participants will gain both knowledge and practical skills
for furthering workers' rights worldwide. Watch a short trailer to get an overview of the course. More information and enrolment go to "Workers' Rights in a Global Economy" (This course is in English only.)

USA: McDonald's workers told to put mustard on burns! McDonald's
workers are filing official health and safety complaints in 19 cities
in the US after suffering burns that some were told to treat with
mustard, mayonnaise or other condiments. The official health and safety
regulator OSHA has launched an investigation in response to 28 worker
complaints stating workers often suffered burns, some of them severe,
under pressure to filter oil for recycling while it was still hot, and
from exposure to grills. The restaurants in question are a mix of
franchises and directly-operated restaurants. The complaints also
allege inadequate or missing first aid and protective equipment. Some
workers suffering from burns were told by managers to treat their
injuries with various condiments. Fight for $15, a fast food trade union
fighting for better pay and conditions, has spearheaded the campaign
with a graphic video showing McDonald's workers pouring hot fat into
bins lined with plastic bags and filled with ice. Fight for $15 says
that one-third of fast food workers who have sustained burns have been
told to treat themselves with mustard. Reports say four in five
fast-food workers have been burned on the job in the past year,
according to a Heart Research survey of 1,426 adults working at a
variety of fast-food restaurants. McDonald's said in a statement that it
would review the allegations. It added that the company and its
independent franchisees were "committed to providing safe working
conditions for employees in the 14,000 McDonald's Brand US restaurants." It's interesting to see what this 'commitment' looks like... Find our more: Fight for $15 petition and 'Burned at McDonald's, Treated with Mustard' video. Source: Risks 696

Malaysia: more construction workers killed Four
construction workers were killed after the elevator they were in fell
from a height of 13 floors at an apartment construction site in Precinct
15H in Putrajaya, Malaysia. Assistant Police Commissioner Abdul Razak said the
elevator fell after an apparent mechanical malfunction. "All three
Indonesian workers, aged between 20 and 40, died on the spot from
injuries to their head and body," he said. He added that the fourth
person in the lift, a Bangladeshi national in his 20s had died at
Hospital Putrajaya that afternoon. The elevator had a maximum lifting
weight of 2000kg and was used to transport workers and cargo. "All four
workers were in the elevator with about 1200kg of cement bags when the
incident happened, and we believe it was caused by a malfunction in the
pulley mechanism," said Abdul Razak. He added that the bodies of the
workers who died at the construction site were sent to Hospital
Putrajaya for an autopsy. Source: The Star

Qatar Buys Time at the ILOQatar
has been given until November to reform its kafala system of modern
slavery and bring its labour laws into line with international
standards, after a decision of the International Labour Organization's
Governing Body. Government blocs from Asia, Africa and Latin America
refused to back calls for immediate action by worker and employer
representatives. EU/Nordic governments and the USA supported the worker
and employer position.

Sharan Burrow, ITUC General Secretary,
said, "Qatar used its financial muscle over other governments to buy yet
more time, after years of empty promises to bring its system of slave
labour to an end. Worst of all, governments from Asia and Africa, where
most of the 1.5 million migrant workers in Qatar come from, refused to
stand up for their own people. A further six-month delay will cost
scores of lives as workers are forced to work through the incredibly hot
summer months without basic protection and at the mercy of kafala
employers.

"Qatar's leaders knowingly choose to impose modern day
slavery on migrant workers who are forced to borrow to pay for illegal
recruitment fees, forced to live in squalor and paid poverty wages. They
have no effective means to have grievances settled or disputes
resolved, no right to change jobs even to escape from abusive employers,
and their bosses can force them to stay in the country for years by
denying an exit visa." Read more: ITUC news release

Research

Formaldehyde found in Victorian emergency workers' protective clothingThe
CSIRO has found formaldehyde in Victoria's emergency services workers
protective gear. In a study of seven garments, CSIRO found low levels of
the cancer-causing chemical in clothing treated by Proban, a chemical
additive used to make protective clothing fire retardant. Proban is
currently used in clothing worn by the firefighters, the State Emergency
Service and the Department of Environment, Land, Water and Planning,
according to Emergency Management Victoria (EMV). The results were
reported by the Australasian Fire and Emergency Services Authorities
Council (AFAC). "What they've actually shown is that the ensemble –
which is the gear that our firefighters wear for bushfires – have some
residual risk of carrying some chemicals," Victoria's Emergency Services
Commissioner Craig Lapsley said. Although the results were not "a
critical safety issue", an alert had been issued as a precautionary
measure. The safety alert tells firefighters what to do in the
maintenance and storage of their gear. Source: ABC News Read more on Formaldehyde

WHO: Cut music to one hour per day In
advice which will cause anxiety to many workers in the music and
hospitality industry, the World Health Organization has suggested that
people should listen to music for no more than one hour a day to protect
their hearing. It says 1.1 billion teenagers and young adults are at
risk of permanently damaging their hearing by listening to "too much,
too loudly". It said audio players, concerts and bars were posing a
"serious threat". WHO figures show 43 million people aged 12-35 have
hearing loss and the prevalence is increasing. In that age group, the
WHO said, half of people in rich and middle-income countries were
exposed to unsafe sound levels from personal audio devices. Meanwhile
40% were exposed to damaging levels of sound from clubs and bars – they
don't seem to have considered the workers in these clubs and bars
though! The proportion of US teenagers with hearing loss went from 3.5%
in 1994 to 5.3% in 2006. Dr Etienne Krug, the WHO's director for injury
prevention, told the BBC: "What we're trying to do is raise awareness of
an issue that is not talked about enough, but has the potential to do a
lot of damage that can be easily prevented." Source: BBC News (Health). Read more on Noise

Regulator News

WorkSafe announces new safety record in half-year results The
rate of injuries in Victorian workplaces has reached a new record low,
according to the half-yearly results released last week by Victoria's
regulator. As of 31 December 2014 there were 7.32 claims per million
hours worked (MHW) in Victorian workplaces, a reduction on the 7.37
claims per MHW recorded at the end of 2013/14. The results were
released to key stakeholders by Finance Minister Robin Scott MP, acting
chair John Walter and acting chief executive Clare Amies at a briefing
at the State Library of Victoria. In his address to stakeholders
representing unions, employer groups and peak body associations Minister
Scott highlighted the need for further improvements in workplace
safety. "Generally workers in Victoria are safer than they have ever
been, but still too many have been killed or seriously injured," Mr
Scott said.Read more: WorkSafe Media Release

Safety Soapbox The
latest edition of WorkSafe's Safety Soapbox landed in our inboxes
yesterday, April 1. Although it didn't contain any April Fool 'jokes',
the "Absolute Shocker" – a scaffolding on a 48 level unit development –
could have been a joke had it not been so dangerous. The whole scaffold
was sitting on a pile of wooden boards. This edition also has
interesting items from Energy Safe Victoria (including a survey on its
advice on working near power lines; as well as items from other states.

The
list of Reported Incidents from 11 – 25 March is attached to the
newsletter. There was one fatality - a worker was killed and another
suffered serious multiple injuries in a vehicle collision between a car
and a truck - and a number of very serious incidents, including 34 near
misses, 23 lacerations, four fractures, three crush injuries, two
punctures, two burns, two electric shocks, one amputation and one
dislocation. Access the April 1 Safety Soapbox edition online, including link to the list of reported incidents.

Safe Work AustraliaAustralia-wide fatalities As
of March 27, Safe Work had been notified of 39 worker fatalities – this
is two more workers killed in the week since March 20. The fatalities
so far this year have been in the following industries: eight each in
Transport, postal and warehousing; and in Agriculture, forestry and
fishing; six in Construction; five in Mining; three each in
Manufacturing; Electricity, gas, water & waste services and in
'other services'; two in Arts & Recreation services; and one in
Administrative & support services. More information on which industries the fatalities occurred in is accessible on the Safe Work Australia Work-related fatalities page.

SWA
has now released the monthly fatality report for December 2014, during
which a total of 20 work-related fatalities were reported: 11 male
workers, 2 female workers, 6 male bystanders and 1 female bystander. Of
these fatalities, 4 workers and 4 bystanders died as a result of
incidents in the air and on public roads. The December report can be
downloaded from the Safe Work Australia Monthly Fatalities Reports page.

US regulator to regulate nano-silverThe
US Environmental Protection Agency (EPA) has decided to regulate
nano-silver in consumer products as a result of a lawsuit filed by
Center for Food Safety (CFS) in December last year. Meanwhile in
Australia nano-silver products remain unregulated. The decision means
that nano-silver products will now require EPA review and approval
before they can be sold in the US – an important first step towards
ensuring consumer safety in that country. Australians should have the
same protection.

Because of its powerful antimicrobial properties,
nano-silver is the most widely used nanomaterial in consumer products,
used in over 400 consumer products including food packaging, chopping
boards and baby bottles. Health experts have raised concerns that the
widespread use of nano-silver in consumer products will further increase
the problem of superbugs. Yet here, the Food Standards Australia New
Zealand (FSANZ), responsible for assessing the safety of food and food
contact materials, recently decided not to assess the risks of the
chemical migration of nanomaterials such as nano-silver into food
because it doesn't know enough about them. Read more: Friends of the Earth Media release Legal action prompts US regulator to regulate nano-silver while Australian regulators fail to take action

OHS Prosecutions

Victorian Prosecutions: There still haven't been any new prosecution summaries added to the WorkSafe Prosecutions Summaries
webpage since the end of February. The VTHC hopes that this does not
mean there have been no prosecutions - and we continue to suppose that
it's simply because the site has not been updated. Please update it!